BEN GREENFIELD COACHING TRANSFORMATION CHALLENGE
The Ben Greenfield Coaching Transformation Challenge (the “Contest”) is open only to legal residents of the United States who, at the time of entry, are 18 years of age and the age of majority in their local jurisdiction. Void where prohibited by law. Employees of Sponsor, or any of its respective parent(s), subsidiaries, affiliates, advertising agencies, suppliers, distributors, retailers or any other company or individual involved with the design, production, execution or distribution of the Contest, and their immediate family (spouse, parents and stepparents, siblings and stepsiblings, and children and stepchildren) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Participation constitutes Participant’s (“Participant”) full and unconditional agreement to these Official Rules
and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon selected Participant fulfilling all requirements set forth herein.
Sponsor: Ben Greenfield Coaching, LLC 1521 N Argonne Rd # 160
Spokane Valley, WA 99212-2545 USA
3. Contest Entry Period.
Entries in the Contest must be received prior to April 23, 2022 (the “Contest Entry Deadline”). Entries received after the Contest Entry Deadline will be void. The Contest participation period starts on April 25, 2022 at 12:00:01 a.m. Eastern Time (“ET”) and ends June 12, 2022 at 11:59:59 p.m. ET (the “Contest Participation Period”). Sponsor is the official timekeeper for this Contest. A maximum of 200 Participants may register for the Contest.
4. How to Enter the Contest.
Prior to the Contest Entry Deadline, to participant in the Contest: (a) go the website located at https://p.bttr.to/3paLvev (the “Site”); (b) once you land on the Site, click on the links provided to complete the registration information requested; (c) pay the registration fee, and (d) follow the prompts to submit your registration. Throughout the Contest Participation Period, Participants will be provided with a personalized nutrition and fitness plan that they must adhere to. Participants will be required to submit “before” photos and measurements. During the Contest Participation Period, Participants will be required to follow a set course and check off the activities and exercises as they are completed. At the end of the Contest Participation Period, Participants will be required to submit “after”
photos and measurements.
All submissions must: (a) be the original work product of Participant; (b) be solely owned by Participant and with no other person or entity having any right or interest in it; (c) not violate any third-party rights including but not limited to copyright, trademark, patent, contract, and/or publicity or privacy rights, of any other person or entity; and (d) shall be truthful and accurate. Participants shall not directly or indirectly include any trademark, logo, or intellectual property in his/her submission(s) in any way unless owned exclusively by Participant. If someone other than the Participant has taken, captured or created the content contained within the submission(s), Participant must have prior written permission from such person to submit such content as part of the submission(s), and Participant must be able to obtain a signed release from the such person and provide such release to Sponsor upon the request of Sponsor, in Sponsor’s sole discretion. By submitting a submission(s), Participant represents his or her compliance with these terms. Sponsor may reject any submission(s) in its sole discretion if the submission(s) in whole or in part: contains any illegal or offensive activity, or is obscene, defamatory, likely to incite violence or illegal; includes any material in violation of any third-party’s rights; contains material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent, self- mutilating or mutilating of animals, discriminatory (based upon race, sex, religion, natural origin, physical disability, sexual orientation or age); is threatening, profane or harassing; portrays Sponsor or any person or entity negatively; is not truthful or accurate and/or which is otherwise deemed to be inappropriate or demeaning, all in Sponsor’s sole discretion. Submissions must not attempt to duplicate any other submission(s) or third-party works. Sponsor reserves the right in its sole discretion to disqualify any submission(s) that is a duplicate or substantially similar to another submission(s) and Sponsor may, in its sole discretion, disqualify any submission(s) that violates these parameters and/or any other part of Official Rules.
5. Contest Winner Selection.
Entries that comply with these Official Rules will be evaluated by a qualified panel of judges selected by Sponsor who will evaluate each entry based on the accrual of points during the Contest Participation Period. Participants may earn points by participating in each of the
Before/after body pictures;
Daily logging of exercise and food in the journal
Completion of three (3) tasks each week. Examples include:
o Go barefoot outside for 15 minutes
o Have a meal with loved ones
o Try a family recipe
o Keep your phone outside of your bedroom; and
Honest testimonial at the end of the six (6) week Contest Participation Period expressing your personal experiences and beliefs regarding the challenge.The one (1) male Participant and one (1) female Participant with the highest point score at the end of the Contest Participation Period will be deemed the potential winners.
There are two (2) Prizes available in this Contest (one (1) for the male winner and one (1) for the female winner). The verified Prize Winners will receive: one (1) 20 minute consultation with Ben Greenfield ($547); one (1) fitness or nutrition plan personalized to Prize winner’s goals ($997); one (1) Ben Greenfield book bundle ($175); one (1) Kion supplements bundle ($125); the opportunity to be featured on “Ben’s Weekly Round-Up” and a social media post celebrating Prize winner’s transformation; and one (1) year access to top wellness platform for tracking ($200). Total Approximate Retail Value Per Prize: $2,044. All expenses and costs not expressly listed in these Official Rules are the sole responsibility of the Verified Prize Winner. Verified Prize Winner will be responsible for all other expenses relating to the receipt and use of the Prize. Gift Cards are subject to their terms. Prizes are nontransferable and may not be substituted or redeemed for cash by Verified Prize Winner. Sponsor reserves the right to substitute the Prize, in whole or in part, for one of equal or greater value. All federal, state, and local taxes are solely the responsibility of Verified Prize Winner. Odds of winning any Prize depend on the number of valid and eligible entries received prior to the Contest Entry Deadline. Sponsor is not responsible for any change of email address and/or mailing address of Participants, nor is Sponsor responsible for any lost or damaged mail.
7. Verification of Potential Prize Winners.
POTENTIAL PRIZE WINNER(S) ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. Any potential Prize winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Sponsor may run a background check on any potential winner(s). The potential Prize winner(s) may be required to execute and return to Sponsor for its receipt within five (5) business days of notification, an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) in order to claim his/her Prize. Sponsor may, but is not obligated to, exercise its rights under such Affidavit. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted or the potential winner notification or Affidavit is returned as undeliverable; (b) potential winner declines or cannot accept, receive or use the Prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods; (d) potential winner is found to be ineligible to enter the Contest or receive the Prize; (e) potential winner cannot or does not comply with the Official Rules; or (f) potential winner fails to fulfill the Affidavit-related obligations, the potential Prize winner shall be disqualified from the Contest and an alternate potential Prize winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential Prize winner, if any.
8. Entry Conditions and Release.
By entering, each Participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or its designee(s) which are binding and final in all matters relating to this Contest; (b) release and hold harmless Sponsor and its respective parent, subsidiary and affiliated companies, the Prize suppliers and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an Participant’s participation in the Contest and/or Participant’s acceptance, use or misuse of any Prize.
Except where prohibited, participation in the Contest constitutes each Prize Winner’s consent to Sponsor’s and its agents’ use of each such winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, now known or hereinafter invented worldwide, without further payment or additional consideration. Without limitation, Sponsor may post the submission(s) of each Participant, including the before and after photos, to Sponsor’s website and social media platforms.
10. General Conditions.
Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
In the event of a dispute regarding the identity of any Participant, the authorized account holder of the email address used to enter the Contest will be deemed to be the Participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner(s) of any Prize may be required to show proof of being the authorized account holder to be awarded the Prize. All entry information becomes the sole and exclusive property of Sponsor and will not be returned or
11. Limitations of Liability.
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Participant, or programming associated with or used in the Contest; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error, which may occur in the administration of the Contest or the processing of entries; or (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Contest or receipt or use or misuse of any Prize. If for any reason an Participant’s entry, or any part thereof, is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Participant’s sole remedy is another entry in the Contest. No more than the stated number of Prizes will be awarded. If, for any reason, the Contest cannot be executed as planned, including, but not limited to, any governmental order, force majeure, epidemic/pandemic, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Contest and, if terminated before the original end date, to select the winners from among all eligible, non-suspect entries received as of the date/time of termination.
BY ENTERING THE CONTEST, PARTICIPANT AGREES THAT, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS
AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST,
OR ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET
COSTS INCURRED (IF ANY) NOT TO EXCEED THREE HUNDRED AND NINETY
SEVEN DOLLARS ($397), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED
OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT
BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY
KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE,
INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR
ANY OTHER DAMAGES AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR
OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING
LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO
EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER
SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF
ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY
WAIVED BY HIM/HER AGAINST THE CONTEST ENTITIES. SECTION 1542 READS AS
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR
Except where prohibited by law, as a condition of participating in this Contest, each Participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, including but not limited to the Prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional office nearest the Participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and Participant further waives all rights to have damages multiplied or increased. Participants further agree that any and all disputes, claims and causes of action arising out of or connected with this Contest, or any Prize awarded shall be resolved individually, without resort to any form of class action. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT
APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, Participant agrees that, by entering the Contest, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any Prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; and (iii) under no circumstances will any Participant be permitted to obtain any award for,
and Participant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
13. Entrant’s Personal Information.
https://bengreenfieldfitness.com/privacy-policy/. If you are selected as a potential or verified Prize winner, your name, city and state may also be included in a publicly available Winner’s List.
14. Contest Results.
For Contest results, send a hand-printed, self-addressed, stamped envelope to: “Winner’s List”
c/o Ben Greenfield Transformation Challenge, Ben Greenfield Coaching, LLC 1521 N Argonne Rd # 160
Spokane Valley, WA 99212-2545 USA. Requests for the Winner’s List must be received by Sponsor within 60 calendar days after the end of the Contest Participation Period.
Questions?: Please email us at [email protected]